Discoverr.AI Pty Ltd (ABN: 50 640 133 259)
(Discoverr.AI) owns and operates this Website/App. Access to and use of this
Website/App and services available through this Website/App (collectively,
Services) is subject to the following terms, conditions and notices (Terms and Conditions). By entering this
agreement, you acknowledge that Discover.AI Pty Ltd does not provide any
delivery or transportation services. By using the Services, you are agreeing to all of the Terms and Conditions, as
may be updated by us from time to time. You should check this page regularly to
take notice of any changes we may have made to the Terms and Condtions. If you
1. BRANG IS NOT A DELIVERY SERVICE
a. By entering this agreement, you acknowledge that
Discoverr.AI and the Brang website/app is not a delivery service and does not
provide any transportation or delivery services. Discover.AI provides
technological services that connects merchants to independent Delivery
a. Discoverr.AI will provide the following services
i. The Brang website;
ii. The Brang mobile app;
b. The Services will enable you to:
i. Connect with our independent Delivery Partners;
3. SCOPE OF THE SERVICES
a. As part of the services contained in clause 2(a)
i. Provide technology services via the Brang
ii. Provide complaint handling mechanisms;
iii. Provide refunding services;
iv. Connect you with independent Deliver Partners
via the Brang website/app; and
v. Process your payments to your independent
4. MANAGEMENT OF THE BRANG WEBSITE/APP
a. You acknowledge that our Delivery Partners are
fully independent business and Brang does not control their availabilities.
b. Discoverr.AI reserves the right to amend these
Terms and Conditions from time to time. Amendments will be effective
immediately upon notification on this Website/App. Your continued use of the
Website/App following such notification will represent an agreement by you to
be bound by the Terms and Conditions as amended.
c. Access to this Website/App is permitted on a
temporary basis, and we reserve the right to withdraw or amend the Services
without notice. We will not be liable if for any reason this Website/App is
unavailable at any time or for any period. From time to time, we may restrict
access to some parts or all of this Website/App.
d. This Website/App may contain links to other
websites (Linked Sites), which are not operated by Discoverr.AI. Discoverr.AI
has no control over the Linked Sites and accepts no responsibility for them or
for any loss or damage that may arise from your use of them. Your use of the
Linked Sites will be subject to the Terms and Conditions and service contained
within each such site.
5. CONFIDENTIAL INFORMATION
a. You acknowledge that all material provided to
you by Discoverr.AI is confidential information owned by Discoverr.AI and you
must not disclose it to any third party.
b. The information referred to in clause 5(a) does
not include information that is already in the public domain.
6. YOUR OBLIGATIONS
a. You must comply with all Discoverr.AI policies
and varied from time to time.
b. You must comply with all applicable laws and
c. You must inform Discover.AI of any relevant
i. Changes to your location;
a. When using the Brang website/app:
i. Your Delivery Partner is engaged by you, as your
agent using our platform to deliver your purchased Goods to you.
ii. Your Delivery Partner will at all times be under
iii. You, maintain title to all goods until the good
is delivered by your Delivery Partner.
a. You must ensure all Goods comply with any
b. You must ensure that all Goods comply with all
c. You must
ensure to notify us straight away in case of any loss or damage to goods
received. After a reasonable
investigation if found out that the loss or damage is the fault of your
delivery partner, Discoverr.AI will cover upto AUD 300 for the loss or damage.
You must do all things reasonably necessary to assist in the investigation.
a. You must pay the applicable Delivery Fee, which
is calculated based on the distance, type of vehicle and delivery times.
b. The total applicable fees are available to you prior
to making the delivery booking.
c. The Delivery Fee will be collected by
Discoverr.AI and be remitted to your Delivery Partner, after Discoverr.AI takes
a portion of the fee for allowing you to use it’s technological Services (the
d. If there is any error in the processing of the
fees contained in this clause then:
i. You acknowledge that Discoverr.AI has the right
to reimbursement from you.
10. PAYMENT GATEWAY
a. We use the payment platform called “Stripe” for
all payment transactions on our website and app. Their terms and conditions can
be found at https://stripe.com/au/ssa.
11. TAX &
a. You must pay all applicable taxes;
b. The following applies to the Technology Service
Fee and all other amount payable to Discover.AI under this agreement:
i. For the purposes of GST supplies to you the
Services in sole consideration of the Technology Service Fee
ii. All amounts payable are exclusive of GST;
iii. If GST is payable on a supply by Discoverr.AI
you agree to pay that GST as an additional payment to Discoverr.AI.
12. INTELLECTUAL PROPERTY
a. Discoverr.AI at all times retains ownership of
all the intellectual property rights related to the Brang Website/app.
b. Any use of the Discoverr.AI Intellectual
Property is subject to this agreement.
c. You must not sell, copy, distribute, charge,
license or lease any of the Discoverr.AI Intellectual Property;
d. You must not reverse engineer or attempt to
reverse engineer any of the Discoverr.AI Intellectual Property;
e. You must not extract or attempt to extract the
source code of any of the Discoverr.AI Intellectual Property.
a. Subject to compliance with this agreement,
Discoverr.AI grants you a non-exclusive licence to use the Brang website/app
for the Term of this agreement (the License);
b. The License is not:
a. You must not disclose Discoverr.AI’s
Confidential Information to any third party except as necessary to perform this
b. Discoverr.AI must not disclose your Confidential
Information to any third party except as necessary to perform this agreement.
c. Upon request a party must deliver up or destroy
another parties Confidential Information that is in its possession.
d. If a party to this agreement discloses
Confidential Information to a third party it must ensure that third party
treats that information as confidential.
e. Despite anything to the contrary contained in
this agreement a party to this agreement may disclose Confidential information
i. Authorised to do so by the party whose
Confidential Information is to be disclosed;
ii. It is required by law
b. Parties to this agreement must comply with all
applicable Privacy and Data Protection Laws
c. Any Personal Information collected by you must:
i. Be used only for the purposes of carrying out
ii. Be maintained accurately;
iii. Must not be copied or removed from the Brang
d. You must immediately inform Discover.AI if you
suspect or become aware of any unauthorised access by a third party to any
Personal Information held be you.
e. You agree that Discoverr.AI may use information
it collects related to your transactions on the Brang website/app for the
purposes of providing, enhancing, marketing and management of the Brang
f. Any user identification code, password or any
other piece of information that form part of Discoverr.AI’s security procedures
you must treat as Confidential Information and you must not disclose it to any
third party. We reserve the right to disable any user identification code or
password at any time. If you become aware or suspect that anyone other than you
knows your user identification code or password, you must immediately notify us
a. Each party warrants that:
i. It has authority to enter into and perform its
obligations and under this Agreement;
ii. Will comply with all applicable Laws;
b. Except as required under the Australian Consumer
Law, each party makes no representations and disclaims all warranties, express
or implied, regarding its goods or services or any portion of them including
any implied warranty of merchantability or fitness for a particular purpose and
implied warranties arising from course of dealing or course of performance.
This section does not limit liability or alter your rights that cannot be
excluded under the Australian Consumer Law.
a. Each party (the Indemnifying Party) must
indemnify, defend) and hold harmless the other party (the Indemnified Party)
and their employees, agents, directors and officers from any claims, damages,
losses and expenses (including legal costs) with respect to any third-party
claim arising from or related to:
i. The wilful misconduct or negligence or of the
Indemnifying Party or its employees or agents;
ii. Claims that the Indemnifying Party breached any
of its representations and warranties contained in this Agreement;
iii. Claims that the Indemnifying Party has infringed
a third parties intellectual property rights;
iv. Failure to comply with applicable law including
privacy and data protection law by the Indemnifying Party.
a. A party to this agreement will not be liable for
any claim for any indirect, exemplary, or consequential damages, for loss of
profits, or damages for loss of business or any third-party damages arising out
of this Agreement.
b. A party’s total cumulative liability of any kind
under this Agreement will not exceed AU$100,000.
c. Clause 18(a) and 18(b) above do not apply to a
breach of confidentiality or a party's indemnification obligations.
d. Clause 18(a) and 18(b) above do not (and are not
intended to) override any rights that a party may under any applicable law,
including the Australian Consumer Law.
a. A party to this agreement may terminate this
agreement by providing notice via:
a. Discoverr.AI may vary this agreement for time to
i. Providing 7 days’ notice.
ii. If the new carried terms and condition are
detrimental to your rights under this agreement providing 30 days’ notice.
iii. Publishing the varied terms and condition on the
iv. By continuing to use the Brang website/app after
the new varied agreement becomes effective you agree to be bound by the new
varied terms and conditions.
21. GOVERNING LAW
a. This agreement is governed by the laws of
Victoria the parties submit to the non-exclusive jurisdiction of courts
exercising jurisdiction there.
b. The Vienna Convention on the International Sale
of Goods of 1980 does not apply.
BETWEEN THE PARTIES
a. Nothing in this Agreement creates:
i. A joint venture;
ii. An agency relationship (apart from the agency
relationship specified in clause 8);
iii. An employment relationship.
Nothing in this agreement allows a party to
enter into contracts, create legally binding relationships, incur debt or liability
or incur expenses on behalf of the other party to this agreement.
a. Each party to this agreement bears sole
responsible for its employees and contractors.
b. No failure to exercise, and no delay in
exercising, any right, power or remedy under this agreement will operate as a
waiver. No single or partial exercise of any right, power, or remedy will
preclude any other, or further, exercise of that, or any other, right, power or
c. Any determination that a provision of this
Agreement is invalid or unenforceable does not affect the remainder of this
Agreement and the remainder will continue to have full force and effect.
d. This Agreement contains the entire agreement
between the parties with respect to its subject matter. It sets out the only conduct
relied on by the parties and supersedes all earlier representations and conduct
made by, or existing between, the parties with respect to its subject matter.
e. This Agreement may be executed in multiple
counterparts, each of which will have the effect of an original. This Agreement
may be entered into by:
i. Electronic signature;
ii. Accepting the agreement using the Brand
f. Nothing in this agreement should be taken to
limit or exclude any rights you have under any applicable law that cannot be
lawfully limited or excluded.
In this Agreement:
Associate means an entity that directly or indirectly:
(a) Controls a party;
(b) Is under the Control of a party; or
(c) Is under the common Control of a party.
Consumer Law means Schedule 2
of the Competition and Consumer Act 2010 (Cth).
Information means any
confidential, proprietary or other non-public information.
Commencement Date means the date set at which you start using the
Partner means independent contractors
engaged by you as your agent for the
purpose of delivering Goods.
Delivery Fee means the fee paid by you to your Delivery Partner agent.
Intellectual Property means all
Intellectual Property owned by Discoverr.AI
including the Brang website/app
any goods that you request your Delivery Partner to Deliver.
GST means the same as "GST" means in the A
New Tax System (Goods and Services Tax) Act 1999 (Cth).
Property Rights means all
intellectual and industrial property rights
(including underlying rights in any media now in existence or developed in
the future) including, without limitation, rights in the nature of any patent,
trade mark or service mark, copyright, visual image right, performance right,
design, business name or trade secret or confidential information whether or
not registered or registrable.
Information means any
information gathered in relation to this Agreement that:
(a) Relates to an identified or identifiable natural
(b) Can reasonably be used to identify an
(c) Includes name, contact information, location
(d) May o be considered "personal data" or
"personal information" under the applicable Privacy and Data
Data Protection Laws means all
applicable law imposing an obligation in
relation to the collection, use, disclosure, storage or transmission of
personal information including the Privacy
Act 1988 (Cth).
the services set out in clause 4.
Brang Fee means the fee payable for the use of the Brang website/app.
the term of this Agreement.